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Browse \ Tags \ Supreme Court

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Commissioner v DSD: Sending Police Liability into Uncharted Waters

A recent Supreme Court judgment represents a major expansion in the extent of police liability under the Human Rights Act 1998. Though the decision on the facts was unanimous, disputes between the judges as to the correct size of the expansion raises concerns over the impact of the decision.

11:00, 27th March 2018
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The Robinson Case: Arresting Misconceptions about Police Negligence Liability

The law surrounding negligence has been labouring under two misconceptions according to the Supreme Court in a recent decision concerning the liability of police for the tort. This may be true, but after examining the origins of these misconceptions, it is easy to see how they were arrived at.

12:00, 20th March 2018
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If It's Not Faulty, Don't Fix It: Defending Fault in Negligence

Apart from certain strict liability exceptions, no-fault liability in negligence has failed to gain traction in English Law. However, Lord Sumption's recent extra-judicial endorsement of no-fault liability has revived the debate. But this article argues that the current system should be retained.

12:00, 13th March 2018
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Tainted Medicine: Pharmaceutical Patents in the Developing World

The need to ensure that medicine is universally accessible conflicts with the need to encourage companies to invest in developing new drugs. Particularly in the developing world, patent law has struck an uneven balance that has left populations priced out and vulnerable. How can this be resolved?

12:00, 2nd March 2018
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OPO v Rhodes: One Step Forward, Two Steps Back?

A case concerning the publication of the autobiography of James Rhodes, a renowned concert pianist, saw the reemergence of a Victorian tort that looked destined to be nothing more than a historical footnote. Though its rediscovery is welcome, the Supreme Court limited its scope too heavily.

12:00, 13th February 2018
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Bashir v SoS for Home Department: Finding Housed Refugees a Home

For the last nineteen years, six refugee families have lived in the small part of Cyprus still under British control in conditions that amount to a clear breach of their human rights. The Supreme Court, which heard the case last month, is set to decide whether those rights ought to be recognised.

12:00, 26th January 2018
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A Question of Recognition: A Potential Avenue for Catalonian Independence?

The debate on whether Catalonia may be able to secure independence has largely focused on the right to self-determination. However, another potential avenue to independence is worth exploring: whether Catalonia might be able to gain statehood following recognition from other states across the world.

12:00, 29th December 2017
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Gilham v Ministry of Justice: Are Whistleblowing Judges Sufficiently Protected?

The act of whistleblowing can be of vital public importance: when undertaken by judges, it can shed light on practices that are causing manifest injustice. Yesterday's decision by the Court of Appeal represents another episode of one whistleblowing judge's attempts to secure greater protection.

12:00, 22nd December 2017
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Ivey v Genting Casinos Pt II: The Debate on Defining Dishonesty

In the second of a two part series, Connor Griffith documents the labyrinthine case law that underpins the civil law definition of dishonesty which the Supreme Court, in its landmark judgement in Ivey v Genting Casinos, adopted into the criminal law.

12:00, 24th November 2017
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Ivey v Genting Casinos Pt I: Card Counting and Dishonest Gambling

A gambler's attempts to boost his chances of winning big at a casino seem an unlikely basis for a landmark decision. But in the first of a two part series, Connor Griffith examines how the Supreme Court's ruling in such a case could have major ramifications for the criminal law.

12:00, 21st November 2017
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The MoD's New Compensation Scheme Distorts the Doctrine of Combat Immunity

The doctrine of combat immunity allows the MoD to escape liability for negligence during the heat of battle. Its application involves striking a balance between protecting service personnel and the need for an effective military. A new internal MoD compensation scheme upsets this balance.

11:00, 24th October 2017
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MWB v Rock: Consideration and Promissory Estoppel on the Move

The law surrounding the doctrine of consideration has been in a state of confusion for many years. When the Court of Appeal sought to rectify this last year, mixed results followed. So when the Supreme Court comes to examine the situation, what have they got to resolve and how should they do it?

11:00, 8th September 2017
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A Problem of Perpetuity: Reconsidering White & Carter and Repudiatory Breaches

Upon a repudiatory breach, the 'innocent' party to a contract can decide whether or not the contract should be terminated. But this right is subject to limitations, one of which is highly controversial. Fortunately, the Supreme Court will soon have the opportunity to resolve this complex debate.

11:00, 22nd August 2017
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Breaking the Trust of Football Fans: The Rangers FC Tax Case

A recent Supreme Court decision confirmed the illegality of a tax avoidance scheme utilised by Rangers Football Club during the Noughties. Though this case appears, at first glance, to be confined to the realm of tax law, it also impacts on the position of the beautiful game in modern society.

11:00, 18th August 2017
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